Hemp-CBD Across State Lines: Kentucky


The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by delivering a detailed framework for the cultivation of hemp. The 2018 Farm Bill provides the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the selection to retain key regulatory authority more than the crop cultivated inside their borders by submitting a program to the USDA.

This federal and state interplay has resulted in quite a few legislative and regulatory adjustments at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but increasing quantity of states also regulate the sale of goods derived from hemp.

In light of these legislative adjustments, we are presenting a 50-state series analyzing how every single jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Every Sunday, we summarize a new state in alphabetical order. Nowadays, we turn to Kentucky. This could possibly come as a surprise to some readers, but Kentucky is 1 of the additional hemp friendly states in the U.S.

Kentucky’s definition of industrial hemp mirrors the definition in the 2014 Federal Farm Bill. The Kentucky Division of Agriculture (“KDA”) oversees the state’s Industrial Hemp Study Pilot Program (the “Program”). Per the system, licenses are expected to cultivate,  handle, method, and industry hemp. The application period this year for cultivators, as effectively as processors and handlers, has currently closed.

To legally develop hemp, a cultivator need to apply with KDA. Kentucky, as opposed to quite a few other states, has robust regulations and needs for hemp cultivators. Kentucky involves express provisions for hemp pesticide use, and requires all hemp cultivators to enter into a hemp grower licensing agreement with KDA. This is considerably additional complete than some other states that have small oversight more than hemp cultivators.

Kentucky also imposes strict licensing needs on hemp processors and hemp handlers. Hemp licensees need to comply with strict hemp manufacturing, testing, and labeling needs . There are even animal feed needs. Hemp in its wholesale kind also may possibly not be sold to non-licensees inside Kentucky.

In Kentucky, Hemp CBD goods are lawful, but specific hemp goods are clearly prohibited which includes the following:

  • Hemp cigarettes
  • Hemp cigars
  • Chew, dip, or other smokeless material consisting of hemp leaf material or hemp floral material and
  • Hemp leaf material or floral material teas.

In addition, only hemp license holders may possibly possess or distribute complete hemp buds, ground hemp floral material, ground hemp leaf material, or any hemp item with additional than .three delta-9-THC.

As we’ve written previously, Kentucky is 1 of the couple of states that in fact prohibits smokeable hemp, in spite of its quite lax requirements when it comes to the sale of Hemp CBD (in stark contrast to states like California or even the FDA, which claim that quite a few Hemp CBD goods are unlawful but say absolutely nothing about smokeable hemp). Even though the regulations are not rather as clear on vapor goods, offered the existing climate about vapor goods commonly and Kentucky’s position on other smokeable hemp goods, Kentucky is not a great state in which to distribute any smokable hemp goods.

Keep tuned to the Canna Law Weblog for developments on hemp and Hemp CBD in Kansas and other states across the nation. For earlier coverage in this series, verify out the hyperlinks beneath:


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